86R1257 JSC-D
By: Blanco H.B. No. 353
A BILL TO BE ENTITLED
AN ACT
relating to law enforcement access to cell site information stored
by certain entities providing wireless service to a wireless
communications device.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.02(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A search warrant may be issued to search for and seize:
(1) property acquired by theft or in any other manner
which makes its acquisition a penal offense;
(2) property specially designed, made, or adapted for
or commonly used in the commission of an offense;
(3) arms and munitions kept or prepared for the
purposes of insurrection or riot;
(4) weapons prohibited by the Penal Code;
(5) gambling devices or equipment, altered gambling
equipment, or gambling paraphernalia;
(6) obscene materials kept or prepared for commercial
distribution or exhibition, subject to the additional rules set
forth by law;
(7) a drug, controlled substance, immediate
precursor, chemical precursor, or other controlled substance
property, including an apparatus or paraphernalia kept, prepared,
or manufactured in violation of the laws of this state;
(8) any property the possession of which is prohibited
by law;
(9) implements or instruments used in the commission
of a crime;
(10) property or items, except the personal writings
by the accused, constituting evidence of an offense or constituting
evidence tending to show that a particular person committed an
offense;
(11) persons;
(12) contraband subject to forfeiture under Chapter 59
of this code;
(13) electronic customer data held in electronic
storage, including:
(A) the contents of and records and other
information related to a wire communication or electronic
communication held in electronic storage; and
(B) cell site information; or
(14) a cellular telephone or other wireless
communications device, subject to Article 18.0215.
SECTION 2. Article 18.02(b)(2), Code of Criminal Procedure,
as effective January 1, 2019, is amended to read as follows:
(2) "Cell site information," "electronic
["Electronic] customer data," [data"] and "electronic storage"
have the meanings assigned by Article 18B.001.
SECTION 3. Article 18B.001, Code of Criminal Procedure, is
amended by adding Subdivision (1-a) and amending Subdivision (7) to
read as follows:
(1-a) "Cell site information" means information that
reveals the location of a cellular telephone or other wireless
communications device and that is derived from the device's
connections to radio antennas through which a provider of an
electronic communications service or provider of a remote computing
service provides wireless service to that device.
(7) "Electronic customer data" means data or records
that:
(A) are in the possession, care, custody, or
control of a provider of an electronic communications service or
provider of a remote computing service; and
(B) contain:
(i) information revealing the identity of
customers of the applicable service;
(ii) information about a customer's use of
the applicable service;
(iii) information that identifies the
recipient or destination of a wire or electronic communication sent
to or by a customer;
(iv) the content of a wire or electronic
communication sent to or by a customer; [and]
(v) cell site information; and
(vi) any data stored with the applicable
service provider by or on behalf of a customer.
SECTION 4. The changes in law made by this Act apply only to
a warrant issued on or after the effective date of this Act. A
warrant issued before the effective date of this Act is governed by
the law in effect on the date the warrant was issued, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.